General
In the Matter of the Application of Sara V. Gallagher, Respondent, for a Peremptory Mandamus Order Directing and Compelling Lewis J. Valentine, Commissioner of Police of the City of New York, Trustee of the Police Pension Fund, Appellant, to Grant and Allow Sara V. Gallagher, Petitioner, a Widow's Pension, Pursuant to Sections 354 and 355 of the Greater New York Charter
246 A.D. 576·New York Supreme Court, Appellate Division·1935·NY
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Opinion
In the Matter of the Application of Sara V. Gallagher, Respondent, for a Peremptory Mandamus Order Directing and Compelling Lewis J. Valentine, Commissioner of Police of the City of New York, Trustee of the Police Pension Fund, Appellant, to Grant and Allow Sara V. Gallagher, Petitioner, a Widow’s Pension, Pursuant to Sections 354 and 355 of the Greater New York Charter.
[MAJORITY]
Order granting petitioner’s motion for a peremptory order of mandamus directing the police commissioner of the city of New York, trustee of the police pension fund, to grant petitioner a widow’s pension pursuant to sections 354 and 355 of the Greater New York Charter, reversed, with twenty dollars costs and disbursements, and the motion denied. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.; Glennon, J., dissents and votes to modify the order by granting an alternative order of mandamus.